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TERMS AND CONDITIONS
THESE TERMS & CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALWAYS CHECK OUR WEBSITE www.MayorsGoldExchange.com FOR THE MOST UP-TO-DATE TERMS AND CONDITIONS.
Mayors Gold Exchange is operated by Cash, Gold & Silver USA, Inc., a wholly owned subsidiary of Mayors Jewelers, Inc. The Terms and Conditions contained herein ("The Agreement") shall be binding on you (hereinafter referred to as, "You" or "Your") and each and every customer of Cash Gold & Silver USA, Inc.
For the purpose of this Agreement, Cash, Gold & Silver USA, Inc. shall be referred to herein alternatively as “Mayors Gold Exchange”, "We", “Our” or "Us".
We purchase Your gold, platinum and silver (hereinafter referred to individually and collectively as "Precious Metal" or “Precious Metals”) goods for refining only. The payout value We offer to You is based on the total weight of the Precious Metal goods offered for sale, the pure Precious Metal content therein, and the market value of the Precious Metals. The market value of Your Precious Metals is based on the last quotation of the London Fix (the price at which gold and other Precious Metals is set during two daily bidding sessions in London, U.K.) for the Precious Metal on the day Your package is received and opened at Mayors Gold Exchange. All payments for Your Precious Metal goods will be offered in U.S. dollars only.
AN IMPORTANT NOTE ABOUT OUR PAYOUT OFFERS:
We only offer payment for the Precious Metals in Your goods.
Notwithstanding anything in these Terms and Conditions to the contrary, the price that We offer to You may not be the current market price of gold or other Precious Metals. Our offer is not based on the potential value of Your goods if they were to be resold intact. We do not recognize nor pay for any sentimental value, real or perceived. We do not offer payment for nor will we return any non-Precious Metals in Your goods, such as pearls, gemstones, costume jewelry, plated jewelry or otherwise. If You wish to have any gemstones removed from Your Precious Metal goods, we urge You to do so prior to sending them to Mayors Gold Exchange because they will not be returned. We also will not offer any payment for watches, timepieces or coins that are current and legal tender in the United States or elsewhere.
We are compliant with the US Patriot Act. This means that We keep records in accordance with legal requirements and certain transactions may be subject to government/police reporting.
Mayors Gold Exchange has no obligation to purchase Your goods or to provide You with an offer for Your Goods.
For questions or for Customer Service, You may contact Us via e-mail at info@MayorsGoldExchange.com or by telephone at 1-800-555-6583*.
How Your Precious Metals are Exchanged for Cash
1. Access Our website or call Us. Request a kit and We will send You a package with a tracking number. Your goods will not be accepted for purchase without a valid tracking number.
2. Follow the instructions supplied in the kit for sending Your Precious Metal items to Mayors Gold Exchange.
3. When We receive Your package, You will receive an email, confirming receipt.
4. Your goods will be unpacked, weighed, and tested to determine its contents. The unpacking and weighing will be recorded on video for Your protection.
5. The payout value We offer is based on the last quotation of the London Fix for Your Precious Metals on the day Your package is received and opened at Mayors Gold Exchange. As soon as a value for Your goods is determined, You will receive an email informing You of Our payment offer.
If Our payment offer is acceptable to You, You do not have to do anything further.
If You change Your mind about selling Your goods or are dissatisfied with the amount offered, or if You want to cancel the transaction for any other reason, You may do so at this point by notifying Us of Your intention to cancel the transaction by visiting the Contact Us section of www.MayorsGoldExchange.com or by calling Us at 1-800-555-6583.
If You wish to cancel the transaction after the check has been issued, You must return Your uncashed/undeposited check to Mayors Gold Exchange within 20 calendar days of the date the check was issued to the address provided in the Contact Us section of www.MayorsGoldExchange.com . Upon Our receipt of the check, We will return Your goods to You.
If We do not receive the returned check within 20 calendar days of when the check was issued, You will be deemed to have accepted Our offered payment, the transaction will be final and the Precious Metal goods will be processed for refinement.
Notwithstanding the foregoing, if Your check has been cashed or deposited in a bank or in any other financial institution, You will be deemed to have accepted Our offer of payment, the transaction will be deemed final and the Precious Metal goods will be processed for refinement.
Requirements for ParticipationM
You must be at least twenty-one (21) years of age in order to sell Your Precious Metal goods to Mayors Gold Exchange. You must provide Your name and a valid address, telephone number and e-mail address. We only ship to U.S. addresses. We do not ship to P.O. Box addresses. You must provide a U.S. government issued identification such as state issued drivers license, state issued identification, or U.S. Passport. In order to sell Your goods, You must be the lawful owner of any and all goods You offer to sell to Mayors Gold Exchange. You must have absolute authority to sell the goods and they must not have any legal encumbrances thereon such as any lien, mortgage, pledge, hypothec or otherwise. You must act on Your own behalf and not as an agent or representative of any other person or any company. Mayors Gold Exchange, in its sole discretion, may request proof of identity, age or ownership.
By shipping Your goods to Mayors Gold Exchange, You declare that You are the lawful owner of and have absolute authority to sell Your goods and You accept each and every term and condition set forth herein and those described on Our website, which are subject to change without notice. You declare that the driver’s license number or other government issued identification number and other identifying information provided to Us is true and correct. You declare under penalty of perjury that the foregoing is true and correct.
Guaranty Against Loss
We assume no responsibility or liability for the loss of Your goods until they have been delivered to Mayors Gold Exchange, in accordance with the instructions and procedures established by Mayors Gold Exchange, and subject to the Terms and Conditions herein. We reserve the right to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered-with, and any such mail, envelope or package will be returned to You. Mayors Gold Exchange shall have no liability to You for any loss incurred as a result of any such attempted delivery or associated with the return of any such items.
Limitation of Liability - General
This limitation of liability shall be binding on You and on any third party including but not limited to Your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to Your transaction with Mayors Gold Exchange. In no event shall We be liable for any damages from the loss or destruction of property in Our possession for any reason, including negligence, except as stated in this Agreement. In no event shall We be liable to any third party, including any insurance carrier, nor shall We be liable for any subrogation claim brought by Your insurance carrier. By submitting Your goods to Mayors Gold Exchange, You expressly and specifically waive any such subrogation claim made on Your behalf, or on behalf of Your insurance carrier. Mayors Gold Exchange shall not be liable to anyone for any incidental, consequential, punitive, loss of profit or opportunity damages. By submitting Your goods to Mayors Gold Exchange, You explicitly and expressly accept this limitation of liability.
Limitation of Liability: Shipping Your Goods to Mayors Gold Exchange
Mayors Gold Exchange has no liability for the loss of Your goods until they have been received by Us. Your goods must be shipped to Us using the carrier indicated by Mayors Gold Exchange, and using the shipping labels that You received in Your Shipping/Gold Kit. Your goods will be insured with the carrier for a maximum value of ONE HUNDRED DOLLARS ($100). You are solely responsible for purchasing any available, additional insurance coverage, at Your discretion. In any event, claims for any losses that occur prior to Our receipt of Your goods must be made directly with the carrier and/or its insurance company. It is Your responsibility to confirm that the carrier has properly accepted possession of Your package into their tracking system. Mayors Gold Exchange shall have no responsibility or liability in this regard.
Limitation of Liability: Returning Your goods to You
Any goods returned to You by Mayors Gold Exchange will be insured for the value of the Precious Metal in Your goods, ONLY, as appraised by Mayors Gold Exchange, up to a maximum of FIVE HUNDRED DOLLARS ($500), without regard to resale value, sentimental value or any other consideration. In the event of any loss or damage to Your goods while in transit to You, Our liability shall be limited to the value of Your goods as insured by Us, but shall not exceed FIVE HUNDRED DOLLARS ($500).
Disclaimers
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY GOLD CHART DATA APPEARING ON THIS SITE. ANY SUCH DATA IS PREPARED BY THIRD PARTIES, AND IS INCLUDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.
YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE OF IT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM, (B) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE AND/OR (C) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY A THIRD PARTY.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. The United Nations Convention for the International Sale of Goods shall not apply. Our failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services offered by Mayors Gold Exchange must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Subject to any applicable law, any such claim or cause of action must be filed in the courts of the State of Florida, Broward County. Each party consents to the venue and jurisdiction of said courts. You shall indemnify Us for any and all costs incurred by Us in defending any civil action filed by You or on Your behalf, or attempted to be filed by You or on Your behalf, in any jurisdiction outside of the State of Florida, including but not limited to, attorneys’ fees incurred by Us. You hereby expressly waive any right to trial by jury.
Indemnity
You agree to indemnify and hold Mayors Gold Exchange, Our subsidiaries, affiliates, partners, subcontractors, licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of Our website, or its content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set out herein.
Independent Contractors
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between You and Us.
No Third Party Beneficiaries
This Agreement is between You and Mayors Gold Exchange. There are no third party beneficiaries to this Agreement.
Assignment
You may not assign Your rights under this Agreement to any third party; We may assign Our rights under this Agreement without condition.
*(Business hours are Monday-Saturday 10:00 a.m. – 11:00 p.m. ET, and Sunday 10:00 a.m. – 9:00 p.m. ET, excluding holidays.)
Last revision: February 6, 2012
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If you change your mind about selling your goods or are dissatisfied with the amount offered, or if you want to cancel the transaction for any other reason, you may do so by notifying us of your intention to cancel. Simply visit the Contact Us section of www.MayorsGoldExchange.com or call 1-800-555-6583 and provide us with information regarding the transaction of that you wish to cancel.
If you have already received payment and you wish to cancel the transaction, you must return your uncashed/undeposited check to us within 20 calendar days from the date of issuance on the check to the address provided in the Contact Us section of www.MayorsGoldExchange.com. Upon our receipt of said payment we will return your merchandise to you.
If we do not hear from you or if we do not receive return of the payment within 20 calendar days of when the check was issued, you will be deemed to have accepted the offered payment, the transaction will be final and the goods will be processed for refinement.
If your payment is cashed or deposited in a bank or any other financial institution, this will constitute an acceptance by you of our offer of payment, the transaction will be deemed final and completed, and the goods will be processed for refinement.
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